Search

THE SUPREME COURT WILL DEAL WITH THE EXPENSES OF THE MANAGER IN THE BANKRUPTCY OF AN ABSENT DEBTOR

In the framework of the bankruptcy case (No. A21-8559/16), the manager filed an application for recovery from the applicant (FTS) of the costs of the ... ... satisfied the requirements, however, the higher courts, not agreeing with the definition, refused to satisfy the application. The Supreme Court of the Russian Federation, referring the complaint to the board, noted that the conclusions of the courts on the need for a preliminary appeal to the debtor with a claim for payment of remuneration were made without taking into account the fact that the debtor was declared bankrupt ...

THE SUPREME COURT SUPPORTED THE PLAINTIFF IN THE DISPUTE OVER THE SUBSIDY OUTSIDE BANKRUPTCY

... November of the same year, production was discontinued. The reason was the company's lack of assets that allow it to carry out bankruptcy proceedings. The woman tried to recover damages from the beneficiary of the company, Konstantin Li (case no. A59-576/2022).... ... possible violation of the statute of limitations was indicated in the defendant's statement. Su Kim filed a complaint with the Supreme Court of the Russian Federation. In it, she described the specifics of the company's work, which did not receive cash receipts from customers, accumulating debts. All the money went directly to Konstantin Lee, and the profits were received by firms registered to his relatives. Su Kim ...

THE SUPREME COURT WILL LOOK INTO THE PRE-EMPTIVE RIGHT OF THE CORPORATION'S PARTICIPANTS IN THE BANKRUPTCY OF A PARTICIPANT

... provision, the courts of three instances proceeded from the fact that in the event of bankruptcy of a participant in a limited liability company, other participants in this... ... belonging to an insolvent person. The courts considered that when selling a bankrupt debtor's share in the authorized capital of the company, the legal approach set out... ... purchase when selling a share in the right of common ownership, is applicable. The Supreme Court of the Russian Federation referred the complaint of the manager to the...

THE SUPREME COURT WILL CONTINUE TO LOOK INTO THE RATIO OF COLLATERAL AND TAX CLAIMS IN BANKRUPTCY

... continuation of the debtor's business activities (case No. A53-32531/16). The court of first instance resolved the differences by determining the procedure for repayment of debts on mandatory payments that arose as a result of the continuation of the debtor's business activities, in priority order to repay the claims of the collateral creditor in the period after the commencement of bankruptcy proceedings. The rest of the claims were denied. The higher courts attributed the requirements of the Federal Tax Service to the priority order in full. The Supreme Court (SC) referred the complaints of the governor and the bank to the board, noting that, contrary to the arguments of the authorized body and the conclusions of the courts, the bank was not a beneficiary from the continuation of the production ...

THE SUPREME COURT EXPLAINED THE PROCEDURE FOR CHALLENGING THE TRANSACTIONS OF THE DECEASED IN BANKRUPTCY

... The businessman's bankruptcy case started in 2021 (No. A41-32321/2021). Taking into account the death of Kolomnikov that had occurred earlier, the court introduced the implementation procedure in relation to his hereditary mass (Article 223.1). The Supreme Court drew the attention of the participants in the dispute that in such cases, bankruptcy should be carried out as if the businessman himself were still alive. That is, debts must be repaid through insolvency procedures. Bashmakov, having discovered the transfer of a large amount of money in favor of Kolomnikov, asked the arbitration to apply the consequences of the invalidity of the transaction. To the bankruptcy trustee,...

THE SUPREME COURT WILL CONSIDER THE LIMITS OF THE GUARANTOR'S FORMALISM IN THE BANKRUPTCY OF THE PRINCIPAL

... prosecuted by that time (he was under arrest and was disqualified by the court), and the Stroy Group company itself went into bankruptcy. AHK's attempts to convince the bank did not lead to anything. Sberbank did not want to take into account the state ... ... one of the conditions in the bank guarantee agreement. AHK Sukhoi became a part of PJSC UAC in June 2022. Her appeal to the Supreme Court of the Russian Federation with a complaint seemed interesting to Judge Natalia Pavlova. On March 22, she issued ...

THE SUPREME COURT WILL SORT OUT THE CHALLENGE OF THE TRANSACTION TO REPAY THE FICTITIOUS DEBT

The debtor's creditor filed an application to the court challenging the transaction – the debt transfer agreement concluded between ... ... decision by the fact that the reality of contractual legal relations was confirmed by the documents submitted to the case file. The Supreme Court of the Russian Federation, referring the case to the board, drew attention to the arguments of the cassator that ...

THE SUPREME COURT SUPPORTED THE RELATIVES OF THE DECEASED DEBTOR

The number of inheritances of property encumbered with debt obligations is growing every year, as evidenced by judicial statistics. Therefore, according to experts, accepting an inheritance ... ... from relatives, none of whom officially recognized as heirs, and the obligations themselves are insured. One of such cases the Supreme Court of the Russian Federation had to investigate recently. According to Rossiyskaya Gazeta, the trial was initiated ...

THE SUPREME COURT WILL LOOK INTO THE REMUNERATION OF THE MANAGER WHEN SELLING THE COLLATERAL

In the framework of the debtor's bankruptcy case (No. A56-137087/19), the manager appealed to the court with an application to establish a percentage fee in connection ... ... setting a percentage of the remuneration in the amount of 4.5% of the amount of satisfied claims of the collateral creditor. The debtor's creditor did not agree with this approach and filed a complaint with the Supreme Court, pointing out that the services for the sale of the collateral were provided not by the manager, but by the organizer ...

THE SUBSIDIARY OF THE HEAD OF THE COUNTERPARTY COMPANY WILL BE CHECKED BY THE SUPREME COURT

... the beneficiary of his personal loan transactions and contracts of the organization controlled by him. After all, as a result, the bank received only a share in the "Customs Card", estimated at 142 million, writing off about 2.3 billion of debt from its balance sheet. Andrey Barinov disagreed with the court verdicts and filed a complaint with the Supreme Court. In his opinion, even a loss of 192 million could not be a reason for the bank's bankruptcy. In addition, the former head pointed out, he did not receive any financial benefit from the transactions. Now his complaint is to be considered by the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation. The ...

Sorted by relevance | Sort by date